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Arkansas Senate Bill SB358

Arkansas 2025 Regular Session

Arkansas Senate Bill SB358 Compare Versions

Only one version of the bill is available at this time.
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11 Stricken language would be deleted from and underlined language would be added to present law.
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33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 SENATE BILL 358 3
66 4
77 By: Senator J. Dotson 5
88 By: Representative Maddox 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO AMEND VARIOUS LAWS RELATED TO HIGHER 9
1212 EDUCATION; TO CODIFY THE ARKANSAS RESEARCH EDUCATION 10
1313 AND OPTICAL NETWORK; TO REPEAL THE REQUIREMENT FOR 11
1414 AFFIRMATIVE ACTION PROGRAMS AT INSTITUTIONS OF HIGHER 12
1515 EDUCATION; TO REPEAL CERTAIN REPORTING REQUIREMENTS 13
1616 RELATED TO AFFIRMATIVE ACTION; TO REPEAL THE LAW 14
1717 RELATED TO DUPLICATION OF SERVICES; TO AMEND CERTAIN 15
1818 LAWS RELATED TO REPORTING; TO REPEAL THE ARKANSAS 16
1919 ENERGY SUMMARY AND REPORT; TO AMEND THE LAW 17
2020 CONCERNING CONSTRUCTION PROJECT EXEMPTIONS; TO AMEND 18
2121 THE LAW RELATED TO CERTAIN PERSONNEL AT THE 19
2222 UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES; TO AMEND 20
2323 THE LAW RELATED TO THE SALE OF DONATED LAND; TO AMEND 21
2424 VARIOUS LAW UNDER THE UNIFORM ATTENDANCE AND LEAVE 22
2525 POLICY ACT RELATED TO INSTITUTIONS OF HIGHER 23
2626 EDUCATION; AND FOR OTHER PURPOSES. 24
2727 25
2828 26
2929 Subtitle 27
3030 TO AMEND VARIOUS LAWS RELATED TO HIGHER 28
3131 EDUCATION. 29
3232 30
3333 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 31
3434 32
3535 SECTION 1. Arkansas Code § 6 -60-703(b)(1)(H), concerning the inclusion 33
3636 of affirmative action program summaries in the Comprehensive Arkansas Higher 34
3737 Education Annual Report, is repealed. 35
3838 (H) Affirmative action programs summaries, § 6 -63-103; 36 SB358
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4141 1
4242 SECTION 2. Arkansas Code § 6 -60-703(b)(2) and (3), concerning the 2
4343 contents of the Comprehensive Arkansas Higher Education Annual Report 3
4444 biennially and every five (5) years, is amended to read as follows: 4
4545 (2) Biennially, each even -numbered year: 5
4646 (A) A financial condition report, § 6 -61-222; and 6
4747 (B) Changes to affirmative action program plans, § 6 -63-7
4848 103; and 8
4949 (C) Economic development goals and educational efforts, § 9
5050 6-61-207; and 10
5151 (3) Every five (5) years, beginning in 2015: , 11
5252 (A) Minority retention plans, § 6 -61-122; and 12
5353 (B) Affirmative action program plans, § 6 -63-103(c). 13
5454 14
5555 SECTION 3. Arkansas Code § 6 -61-141 is repealed. 15
5656 6-61-141. Duplication of services. 16
5757 An institution of higher education that has its main campus, satellite 17
5858 campus, or center located within a twenty -five-mile radius of another main 18
5959 campus of an institution of higher education shall enter into a written 19
6060 agreement with that institution of higher education that shall address 20
6161 duplication of services between the institutions of higher education. 21
6262 22
6363 SECTION 4. Arkansas Code § 6 -61-221(d)(2), concerning the inclusion of 23
6464 reporting of graduates requiring postsecondary remediation within the 24
6565 Comprehensive Arkansas Higher Education Annual Report, is amended to read as 25
6666 follows: 26
6767 (2) The reports developed under this section shall be prepared 27
6868 on or before October 1 each year and include the cost of remediation for each 28
6969 state-supported institution of higher education, which shall be submitted to 29
7070 the Division of Higher Education according to standards developed by the 30
7171 Division of Higher Education and shall include for each state -supported 31
7272 institution of higher education: 32
7373 (A) The amount of institutional revenue spent on 33
7474 remediation; 34
7575 (B) The total general revenue subsidy spent on 35
7676 remediation; 36 SB358
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7979 (C) The total institutional expenditure for remediation; 1
8080 and 2
8181 (D) The general revenue percentage of total expenditures 3
8282 for remediation. 4
8383 5
8484 SECTION 5. Arkansas Code Title 6, Chapter 61, Subchapter 16, is 6
8585 repealed. 7
8686 6-61-1601. Findings. 8
8787 The General Assembly finds that: 9
8888 (1) There is a need to create and promote a comprehensive energy 10
8989 summary and report for the state. 11
9090 (2) The collaboration of all state -supported institutions of 12
9191 higher education that participate in energy research activities is vital to 13
9292 ensure an orderly and effective set of data and other research necessary to 14
9393 promote energy conservation and develop alternative energy sources on a 15
9494 statewide level. 16
9595 17
9696 6-61-1602. Institutional Energy Research Committee — Creation — 18
9797 Purpose. 19
9898 (a) The Arkansas Higher Education Coordinating Board shall coordinate 20
9999 the efforts of all state -supported institutions that participate in energy 21
100100 research activities in the development of the Arkansas Energy Summary and 22
101101 Report. 23
102102 (b) The Division of Higher Education, in collaboration with state -24
103103 supported institutions of higher education that participate in energy 25
104104 research activities, shall appoint at least one (1) member of the research 26
105105 faculty at each state -supported institution of higher education that 27
106106 participates in energy research activities to serve on the Institutional 28
107107 Energy Research Committee. 29
108108 (c)(1) The purpose of the committee is to coordinate ongoing energy 30
109109 research efforts taking place at each state -supported institution of higher 31
110110 education and create the Arkansas Energy Summary and Report. 32
111111 (2) The committee shall modify the Arkansas Energy Summary and 33
112112 Report as necessary to ensure it is updated with the latest energy research 34
113113 available. 35
114114 36 SB358
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117117 6-61-1603. Arkansas Energy Summary and Report. 1
118118 (a) The Institutional Energy Research Committee shall create and adopt 2
119119 the Arkansas Energy Summary and Report that includes without limitation the: 3
120120 (1) Energy production and usage in Arkansas, including: 4
121121 (A) Current sources of energy in Arkansas by percentage 5
122122 and cost; 6
123123 (B) Current energy demand and percentage of use of each 7
124124 energy source, including the production capacity of each energy source; 8
125125 (C) Projected energy use for the next: 9
126126 (i) Ten (10) years; and 10
127127 (ii) Twenty (20) years; 11
128128 (D) Current and projected cost per kilowatt of additional 12
129129 energy production capabilities for the following energy sources: 13
130130 (i) Coal; 14
131131 (ii) Hydroelectric; 15
132132 (iii) Natural gas; 16
133133 (iv) Nuclear; 17
134134 (v) Solar; 18
135135 (vi) Wind; 19
136136 (vii) Lignite; and 20
137137 (viii) Other; and 21
138138 (E) Environmental challenges and the impact of each energy 22
139139 source listed in subdivision (a)(1)(D) of this section; 23
140140 (2) Energy production capacity compared to projected energy 24
141141 growth; 25
142142 (3) Economical methods for additional energy sources into the 26
143143 market; and 27
144144 (4) Current and possible tax incentives or governmental policies 28
145145 to promote an increase in energy production capacity for state energy 29
146146 consumption or export to other states. 30
147147 (b) The committee shall submit the Arkansas Energy Summary and Report 31
148148 and relevant data, research, and findings to the Joint Committee on Energy no 32
149149 later than July 1, 2014. 33
150150 34
151151 SECTION 6. Arkansas Code Title 6, Chapter 61, is amended to add an 35
152152 additional subchapter to read as follows: 36 SB358
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155155 Subchapter 18 — Arkansas Research Education and Optical Network 1
156156 2
157157 6-61-1801. Legislative findings and intent. 3
158158 (a) The General Assembly finds that: 4
159159 (1) The purpose of the Arkansas Research Education and Optical 5
160160 Network is to provide a high -speed, fiber-based optical communications 6
161161 network to higher education and healthcare institutions in Arkansas; 7
162162 (2) The Arkansas Research Education and Optical Network began as 8
163163 a collaboration between Arkansas public colleges and universities in 2005 9
164164 with an initial investment from state funds; 10
165165 (3) State positions and funds have been appropriated for the 11
166166 Arkansas Research Education and Optical Network through the University of 12
167167 Arkansas system since 2007; and 13
168168 (4) Since 2007, the University of Arkansas system has provided 14
169169 administrative support to the Arkansas Research Education and Optical 15
170170 Network. 16
171171 (b) It is the intent of the General Assembly to formally codify the 17
172172 Arkansas Research Education and Optical Network as a state entity. 18
173173 19
174174 6-61-1802. Purpose — Users. 20
175175 (a) The Arkansas Research Education and Optical Network is a public 21
176176 instrumentality that provides a high -speed, fiber-based optical 22
177177 communications network and other technology resources to participating higher 23
178178 education and healthcare institutions in the state. 24
179179 (b) Users of the Arkansas Research Education and Optical Network 25
180180 services shall be billed at rates to be determined by the Board of Directors 26
181181 of the Arkansas Research Education and Optical Network. 27
182182 28
183183 6-61-1803. Board of directors — Creation. 29
184184 (a) There is created the Board of Directors of the Arkansas Research 30
185185 Education and Optical Network. 31
186186 (b) The Arkansas Research Education and Optical Network shall be 32
187187 governed by a board of directors consisting of seven (7) voting members or 33
188188 designees, as follows: 34
189189 (1) The President of the University of Arkansas system; 35
190190 (2) The President of the Arkansas State University system; 36 SB358
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193193 (3) One (1) at-large member selected by a majority vote of the 1
194194 current user institutions, who shall serve a two -year term; 2
195195 (4) Two (2) presidents or chancellors of a four -year state-3
196196 supported member institution of higher education to be selected by a majority 4
197197 vote of the current user institutions, who shall serve staggered two -year 5
198198 terms; and 6
199199 (5) Two (2) presidents or chancellors of a two -year state-7
200200 supported member institution of higher education to be selected by a majority 8
201201 vote of the current user institutions, who shall serve staggered two -year 9
202202 terms. 10
203203 (c)(1) The President of the University of Arkansas system or his or 11
204204 her designee shall serve as the chair of the board. 12
205205 (2) The board shall elect as vice -chair a board member who 13
206206 represents an institution outside of the University of Arkansas system, who 14
207207 shall serve a one-year term. 15
208208 (d)(1) Four (4) members of the board shall constitute a quorum. 16
209209 (2) An affirmative vote of four (4) members shall be necessary 17
210210 for any action taken by the board. 18
211211 19
212212 6-61-1804. Director — Personnel. 20
213213 (a)(1) The executive head of the Arkansas Research Education and 21
214214 Optical Network shall be the Executive Director of the Arkansas Research 22
215215 Education and Optical Network who shall be appointed by and serve at the 23
216216 pleasure of the Board of Directors of the Arkansas Research Education and 24
217217 Optical Network. 25
218218 (2) The executive director shall carry out the day -to-day 26
219219 affairs of the Arkansas Research Education and Optical Network subject to the 27
220220 approval of the board. 28
221221 (b) All personnel of the Arkansas Research Education and Optical 29
222222 Network shall be employees of the University of Arkansas system for purposes 30
223223 of payroll and benefits. 31
224224 (c) All expenditures of the Arkansas Research Education and Optical 32
225225 Network shall: 33
226226 (1) Comply with state procurement laws; and 34
227227 (2) Follow University of Arkansas system policies and procedures 35
228228 relating to procurement. 36 SB358
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231231 (d) This subchapter does not mean that the: 1
232232 (1) Arkansas Research Education and Optical Network is a campus, 2
233233 division, or unit of an institution of higher education or any other entity, 3
234234 including without limitation the University of Arkansas system; or 4
235235 (2) University of Arkansas system or its member campuses, 5
236236 divisions, and units are agents or principals of the Arkansas Research 6
237237 Education and Optical Network. 7
238238 8
239239 6-61-1805. Powers and duties. 9
240240 (a) The Arkansas Research Education and Optical Network shall have the 10
241241 following duties: 11
242242 (1) To develop, implement, and maintain a high -speed, fiber-12
243243 based optical communications network and associated campus connections for 13
244244 use by higher education and healthcare institutions in the state; 14
245245 (2) To lease and own real property necessary to fulfill its 15
246246 purpose; and 16
247247 (3) To explore and implement additional cost -effective 17
248248 technology services and network solutions that would be beneficial to its 18
249249 users. 19
250250 (b) The University of Arkansas system and its various institutions 20
251251 shall provide assistance to the Arkansas Research Education and Optical 21
252252 Network as may be agreed upon for the achievement of its purpose. 22
253253 (c) The Board of Trustees of the University of Arkansas may own and 23
254254 lease real property on behalf of the Arkansas Research Education and Optical 24
255255 Network. 25
256256 26
257257 SECTION 7. Arkansas Code § 6 -62-314 is amended to read as follows: 27
258258 6-62-314. Construction project exemption. 28
259259 The following state-supported institutions of higher education shall be 29
260260 exempt as allowed by § 19 -4-1415(b)(5) for construction projects exceeding 30
261261 five million dollars ($5,000,000) if they have adopted policies and 31
262262 procedures in compliance with state law involving the awarding and oversight 32
263263 of the contracts for design and construction services: 33
264264 (1) Henderson State University; 34
265265 (2) Southern Arkansas University; 35
266266 (3) University of Central Arkansas; 36 SB358
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269269 (4) National Park College; 1
270270 (5) Northwest Arkansas Community College State-supported two-2
271271 year colleges; and 3
272272 (6)(5) Arkansas Tech University. 4
273273 5
274274 SECTION 8. Arkansas Code § 6 -62-606(b), concerning the review by the 6
275275 Building Authority Division of transfer and lease agreements, is amended to 7
276276 read as follows: 8
277277 (b) In proceeding under this subchapter, it shall not be necessary for 9
278278 the board to comply with any other laws relating to the procurement, 10
279279 disposal, or leasing of property, including without limitation laws 11
280280 concerning the appointment of appraisers in connection therewith, laws 12
281281 restricting the obligation of funds for construction, and laws dealing with 13
282282 the improvement of historic structures , except that the transfer and the 14
283283 lease agreement shall be subject to the review and approval of the Building 15
284284 Authority Division. 16
285285 17
286286 SECTION 9. Arkansas Code § 6 -63-103 is repealed. 18
287287 6-63-103. Affirmative action programs — Plans — Annual reports. 19
288288 (a)(1) Each state-supported institution of higher education shall 20
289289 prepare an affirmative action program for the recruitment of African -21
290290 Americans and other members of minorities for faculty and staff positions and 22
291291 for enrollment as students. 23
292292 (2) Affirmative action plans shall be prepared on a continuing 24
293293 basis for future five -year periods. 25
294294 (b)(1) Each state-supported institution of higher education shall 26
295295 prepare annually a summary report on the steps that have been taken to reach 27
296296 the goals of the plan. 28
297297 (2) The report shall: 29
298298 (A) Include information on the progress made by each 30
299299 institution for the various levels of employment within the institution; and 31
300300 (B) Be presented in a table format limited to no more than 32
301301 five (5) pages. 33
302302 (c) Copies of the five -year plan and annual reports summaries of each 34
303303 institution of higher education shall be included in the Comprehensive 35
304304 Arkansas Higher Education Annual Report, filed with the Governor, the 36 SB358
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307307 Division of Higher Education, the president and board of trustees of the 1
308308 institution, the board of visitors of the institution, if applicable, and the 2
309309 House Committee on Education and the Senate Committee on Education. 3
310310 (d) In carrying out the affirmative action plans, each institution of 4
311311 higher education shall provide for a part -time or full-time employee to 5
312312 assist the institution in the recruitment of African -Americans and other 6
313313 members of minorities for faculty and staff positions and for enrollment as 7
314314 students. 8
315315 9
316316 SECTION 10. Arkansas Code § 6 -63-321 is amended to read as follows: 10
317317 6-63-321. Overtime, incentives, and differentials for direct and 11
318318 indirect unclassified patient care personnel at University of Arkansas for 12
319319 Medical Sciences. 13
320320 (a) All unclassified positions employed to provide or support patient 14
321321 care at the University of Arkansas for Medical Sciences are eligible for 15
322322 overtime at the rate of one and one -half (1½) times their regular hourly 16
323323 rate. 17
324324 (b) In addition to overtime, unclassified direct and indirect patient 18
325325 care employees scheduled to work shifts outside of normal operating schedules 19
326326 may be eligible to receive up to twenty -four percent (24%) of the hourly rate 20
327327 paid as a shift differential. 21
328328 (c)(1) All unclassified positions employed to provide or support 22
329329 patient care at the University of Arkansas for Medical Sciences shall be 23
330330 eligible to receive incentive pay not to exceed one and two -tenths (1.2) 24
331331 times their base hourly rate. 25
332332 (2) All unclassified employees required to work in specialty 26
333333 areas shall be eligible to receive up to ten percent (10%) of the hourly rate 27
334334 paid as a specialty differential while working in such areas. 28
335335 (d)(1) When overtime, shift differentials, standby pay, incentive pay, 29
336336 or specialty differentials are provided to employees as stated in this 30
337337 section, the total may exceed the line item maximum salaries for those 31
338338 positions. 32
339339 (2) This section does not apply to the positions of Patient Care 33
340340 Administrator, Associate Administrator, or Assistant Administrator of Patient 34
341341 Care. 35
342342 (e)(1) In addition, the Board of Trustees of the University of 36 SB358
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345345 Arkansas for Medical Sciences may also make special compensation allowances 1
346346 available, in such amounts as the board may determine or justify equitable in 2
347347 view of the current requirements for registered nurses in the Clinical 3
348348 Programs of the University of Arkansas for Medical Sciences and the 4
349349 availability of registered nurses for employment in the Little Rock 5
350350 metropolitan area. 6
351351 (2) However, the special compensation allowances approved by the 7
352352 board for a single individual shall not exceed the state line item maximum by 8
353353 more than twenty percent (20%) for those positions. 9
354354 10
355355 SECTION 11. Arkansas Code § 6 -64-218 is amended to read as follows: 11
356356 6-64-218. Sale of donated land. 12
357357 (a) The Board of Trustees of the University of Arkansas may sell any 13
358358 land donated to the University of Arkansas by individuals. 14
359359 (b) When the purchase price is paid to the treasurer of the 15
360360 university, the president and secretary of the board or designee shall 16
361361 execute a deed conveying the lands to the purchaser. 17
362362 18
363363 SECTION 12. Arkansas Code § 19 -4-1415(c)(2), concerning the 19
364364 requirement for institutions of higher education to submit a summary of 20
365365 contract amendments to the Legislative Council, is amended to read as 21
366366 follows: 22
367367 (2)(A) The institutions of higher education stated in 23
368368 subdivision (b)(5) of this section shall perform all duties and 24
369369 responsibilities stated in subdivision (c)(1) of this section under policies 25
370370 and procedures adopted by their governing boards. 26
371371 (B) They shall submit a summary of all contract amendments 27
372372 to the Legislative Council. 28
373373 29
374374 SECTION 13. Arkansas Code § 21 -3-101(b), concerning reports under the 30
375375 equal employment hiring program, is amended to read as follows: 31
376376 (b)(1) Every state department, agency, board, commission, and 32
377377 institution of higher education and every constitutional officer shall report 33
378378 to the Legislative Council on June 30 of each year regarding its efforts to 34
379379 achieve its equal employment hiring program goal. 35
380380 (2) However, the report required of any institution by § 6 -63-36 SB358
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383383 103 may be used in lieu of the report required under this subsection and 1
384384 shall be filed as provided in this subsection. 2
385385 3
386386 SECTION 14. Arkansas Code § 21 -4-203(12), concerning the definition of 4
387387 "state agencies" under the Uniform Attendance and Leave Policy Act, is 5
388388 amended to read as follows: 6
389389 (12) “State agencies” means all agencies, departments, boards, 7
390390 commissions, bureaus, councils, state-supported institutions of higher 8
391391 education, or other agencies except the following excluded agencies or 9
392392 positions within agencies: 10
393393 (A) The elected constitutional officers of this state and 11
394394 their employees; 12
395395 (B) The General Assembly and its employees, including 13
396396 employees of the Bureau of Legislative Research and Arkansas Legislative 14
397397 Audit; 15
398398 (C) Members of the Supreme Court, members of the Court of 16
399399 Appeals, the Administrative Office of the Courts, circuit courts, and 17
400400 prosecuting attorneys, but not including deputy prosecuting attorneys; 18
401401 (D) The Arkansas Department of Transportation; and 19
402402 (E) All administrative, academic, or other nonclassified 20
403403 employees of the state State-supported institutions of higher education; 21
404404 22
405405 SECTION 15. Arkansas Code § 21 -4-503 is amended to read as follows: 23
406406 21-4-503. Applicability of subchapter. 24
407407 (a) The provisions of §§ 21 -4-501 and 21-4-504 apply to: 25
408408 (1) Employees of the Arkansas State Game and Fish Commission; 26
409409 (2) Employees of the Arkansas Department of Transportation; and 27
410410 (3) Classified employees of state -supported institutions of 28
411411 higher education; and 29
412412 (4) Employees of all agencies of this state whether in the 30
413413 executive, legislative, or judicial branch of government. 31
414414 (b) The provisions of this section or any amendments to this section 32
415415 shall not change any employee benefits or agreements established under § 6 -33
416416 57-103, § 6-58-105, or § 6-59-105. 34
417417 35
418418 SECTION 16. Arkansas Code § 21 -4-505 is amended to read as follows: 36 SB358
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421421 21-4-505. Compensation for unused sick leave of nonclassified employees 1
422422 of state-supported institutions of higher education — Calculation for unused 2
423423 sick leave. 3
424424 (a) At its discretion, a state -supported institution of higher 4
425425 education may compensate a nonclassified an employee of the state -supported 5
426426 institution of higher education for accumulated unused sick leave by 6
427427 providing to the nonclassified employee the same compensation for accumulated 7
428428 unused sick leave provided to a classified employee of the state -supported 8
429429 institution of higher education under § 21-4-501. 9
430430 (b) Compensation for accumulated unused sick leave under this section 10
431431 shall not be used by the Arkansas Public Employees' Retirement System in the 11
432432 calculation of final average compensation under § 24 -4-101. 12
433433 (c) Unused sick leave for nonclassified employees of state-supported 13
434434 institutions of higher education shall accrue at the same rate as unused sick 14
435435 leave accrues under § 21-4-207 for classified employees for calculations made 15
436436 under this section. 16
437437 17
438438 SECTION 17. Arkansas Code § 22 -2-114(c), concerning exemption from 18
439439 regulation and supervision of leasing responsibilities by the Building 19
440440 Authority Division, is amended to read as follows: 20
441441 (c) This section shall not apply to an institution of higher 21
442442 education, the State Highway Commission, the Arkansas Department of 22
443443 Transportation, or the Arkansas State Game and Fish Commission. 23
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